Form EOIR-26

OMB# 1125-0002

U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

Notice of Appeal from a Decision of an
Immigration Judge

GENERAL INSTRUCTIONS
(Please read carefully before completing and filing Form EOIR-26)
A. When to Appeal:
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Use this form (Form EOIR-26) only to appeal a decision by an Immigration Judge. If you wish to appeal a decision of
the U.S. Citizenship and Immigration Services (USCIS), you must use a different form (Form EOIR-29).

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Do not use this form (Form EOIR-26) to appeal the following Immigration Judge determinations:
Reasonable fear

8 C.F.R. § 1208.31(g)(1)

Credible fear

8 C.F.R. § 1208.30(g)(2)(iv)(A)

Claimed status review

8 C.F.R. § 1235.3(b)(5)(iv)

The Board does not have the authority to review such determinations. For additional information regarding the Board’s
review authority, please see the Board of Immigration Appeals Practice Manual, which is available on the EOIR website at
www.justice.gov/eoir.

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You must send the Notice of Appeal so that it is received by the Board within thirty (30) calendar days after the
Immigration Judge’s oral decision, or within thirty (30) calendar days after the date the Immigration Judge’s
written decision was mailed (if no oral decision was rendered).

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Simply mailing your Notice of Appeal in thirty (30) days or less is not enough. Your Notice of Appeal must arrive at the
Board in thirty (30) days or less. If your Notice of Appeal arrives late, your appeal will be dismissed.

B. Where to Appeal:
Mail or deliver in person
to this address:

Board of Immigration Appeals
Clerk’s Office
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041

Note: DHS, attorneys, and accredited representatives must electronically file their appeal through ECAS,
available at https://www.justice.gov/eoir/ECAS.
C. How to Appeal:
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Read all of these instructions. Note: If you are the person in proceedings, you are the “Respondent” or
Applicant.” You are also the “Appellant” if you are filing an appeal of a decision by an Immigration Judge.

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Fill out all three pages of the Notice of Appeal completely, answering items # 1 - 12 in English only.

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List in item # 1 the name(s) and Alien Number(s) (“A” numbers) of all Respondents/Applicants who are
appealing the decision of the Immigration Judge.

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Sign item # 9.

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List the mailing address of the Respondent(s)/Applicant(s) in item # 10.

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Translate all documents that you attach to the Notice of Appeal into English. All translations must include
the translator’s statement stating that the translator is competent and that the translation is true and accurate.
Page 1

Form EOIR-26
Rev. Jan. 2022

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Write your name(s) and “A” Number(s) on all documents attached to the Notice of Appeal.

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Complete and, if applicable, sign the “Proof of Service” to show you did this (item # 12). Note: If
you are the Respondent or Applicant, the “Opposing Party” is the Assistant Chief Counsel of the U.S.
Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS).

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Your appeal may be rejected or dismissed if you fail to properly complete the “Proof of Service” (item
# 12).

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Mail or give a copy of the completed Notice of Appeal and any attached documents to the opposing
party, if applicable. Electronic filers are not required to serve the opposing party if the opposing party
is participating in ECAS. EOIR's ECAS system will provide an electronic service notification to
participating parties.

D. Paying for the Appeal:
Attach the EOIR fee payment receipt or a check or money order to the Notice of Appeal for exactly one hundred and
ten dollars (U.S. $110) made payable to “United States Department of Justice.” If paying using the EOIR Payment Portal,
you must provide proof of payment by printing and attaching the EOIR fee payment receipt to your appeal. All checks or
money orders must be drawn on a bank located in the United States and must be payable in U.S. currency. If there are
not sufficient funds in your account, or your electronic payment is declined, your appeal may be dismissed.
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EOIR Payment Portal may be accessed at the following web address: https://ePay.eoir.justice.gov. On the EOIR
Payment Portal webpage, you will need to enter the A number associated with the Immigration Judge decision you
are appealing, and select the appeal type - this information will be printed on your receipt once payment is
complete. You will be redirected to the U.S. Treasury Pay.gov website to complete payment. Upon completion of
your transaction, you will be directed back to the EOIR Payment Portal webpage to print your EOIR fee payment
receipt. You must submit your EOIR fee payment receipt with your appeal form.

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Write the name(s) and “A” Number(s) of all Respondent(s)/Applicant(s) on the check or money order.

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Notice to Those Making Payment by Check. If you send us a check, the Board will convert it into anelectronic
funds transfer (EFT). This means we will copy your check and use the account information on itto electronically
debit your account for the amount of the check. The debit from your account usuallyoccurs within 24 hours of the
deposit and your bank will show it on your regular account statement. Youwill not receive your original check
back. We will destroy your original check, but will keep a copy of it.If the Board cannot process the EFT for
technical reasons, you authorize us to process the copy in place ofyour original check. If you check is returned as
unpayable, the appeal will be dismissed as improperlyfiled. If you cannot pay for the appeal, complete a Fee Waiver
Request (Form EOIR-26A) and attach it to theNotice of Appeal. The Board will review your request and decide
whether to allow the appeal without paymentof the fee.

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File Typeapplication/pdfAuthorBaptista, Christina (EOIR)File Modified2022-01-14File Created2019-09-26